PC19-473RESOLUTION NO. PC 19.473
A RESOLUTION OF THE PLANNING COMMISSION OF THE GITY OF MENIFEE,
CALIFORNIA APPROVING TENTATTVE PARCEL MAp NO. 2019-026 (TENTATTVE
PARCEL MAP NO.37674) FOR THE SUBDTVTSTON OF 18.9s ACRES INTO TWO (2)
PARCELS LOCATED NORTH OF WICKERD ROAD, WEST OF 1.215, EAST OF
HAUN ROAD, AND SOUTH OF GARBANI ROAD (APN: 360-350-029), AND FINDING
THE PROJECT IS EXEMPT FROM CEQA PURSUANT TO STATE CEQA
GUIDELINES SECTION 15315 MINOR LAND DIVISIONS, CLASS 15
Whereas, on January 23, 2019 the applicant, Stephen lvlanfredi, filed a formal
application with the City of Menifee for the subdivision of 18.95 acres into two (2) parcels
located north of Wickerd Rd., west of l-215, east of Haun Rd., and south of Garbani Rd.
within the City of Menifee; and,
Whereas, on November 13, 2019, the Planning Commission of the City of
Menifee held a duly noticed public hearing on the Project, considered all public
testimony as well as all materials in the staff report and accompanying documents for
Tentative Parcel Map No. 37674 (Planning Application PM 2019-026), which hearing
was publicly noticed by a publication in The Press Enterprise (a newspaper of general
circulation), an agenda posting, and notice to property owners within 1,500 feet of the
Project boundaries, and to persons requesting public notice; and,
NOW, THEREFORE, BE lT RESOLVED the Planning Commission of the City of
Menifee, California resolves as follows:
Section 1. With regard to Tentative Parcel tt/ap No. 2019-026 (PM 3767 4), the
Planning Commission hereby makes the following findings:
A. Consisfency with the General Plan. The tentative parcel map is consistent with
the General Plan Land Use Map and applicable General Plan objectives,
policies, and programs.
The Genera! Plan land use of the site is Economic Development Corridor -Southern Gateway (EDC-SG). The intent of the designation is to identify areas
where a mixture of residential, commercial, office, industrial, and entertainment
uses are planned. Areas designated EDC are envisioned to develop primarily as
non-residential uses.
The Project site is developed with an existing self-storage facility, but contains
10.25 acres of vacant land on the southern portion of the property. The Project
site and the surrounding properties are consistent with the land use designation
of EDC-SG.
The project is consistent with the following City of Menifee General Plan policies
LU-l.1: Concentrate growth in strategic locations to help preserve rural areas,
create place and identity, provide infrastructure efficiently, and foster the use of
transit options.
The proposed project is located within the Economic Development Corridor -Southern Gateway that, as previously mentioned, is envisioned to develop
primarily with non-residential uses and, therefore, future development of the site
facilitated by this proposed subdivision would avoid and/or preserve rural areas
of the City.
PM 37674 I Planning Case PA 2019-026
LU-2.1: Promote infill development that complements existing neighborhoods
and surrounding areas. lnfill development and future growth in Menifee is
strongly encouraged to locate within EDC areas to preserue the rural character of
rural, esfafe, and small estate residential uses.
The Project proposes the subdivision of an 18.95-acre property into two (2)
commercial parcels. A portion of the site contains an existing storage facility.
The undeveloped portion of the property could be developed with a variety of
commercial or business park uses as described in the EDC zone. The
subdivision is consistent with this policy, as it will facilitate the development of an
infill project on vacant land within the EDC Southern Gateway subarea with a
new commercial business that will complement the range of goods and services
that are available and/or planned within the project vicinity.
B. Consisfe ncy with the Zoning Code
The project is zoned Economic Development Corridor - Southern Gateway (EDC-
SG). The project is consistent with all applicable development standards of the
(EDC-SG) district. The surrounding propertres are zoned Southern Gateway
(EDC-SG), consistent with the zoning of the project site.
C. Consisfency with Ordinance 460 Regulating the Division of Land.
The project is a Schedule 'E' subdivision of 18.95 acres into two (2) commercial
parcels. A Schedule 'E' parcel map is defined by Ordinance No. 460 as any
division of land into two (2) or more parcels in commercial or industria! zones
regardless of parcel size. The subdivision has been reviewed and conditioned
for consistency with the requirements for streets, domestic water, fire protection,
sewage disposal, fences, and electrical communication facilities. The subdivision
is consistent with the Schedule 'E' Map requirements as rt relates to Section
10.10 of Ordinance No. 460. The infrastructure required per Ordinance No. 460
was previously installed during the construction of the existing All Star Self-
Storage facility.
D. The site is physically suitable for the type of development and the proposed land
use of the development.
The subject site is flat, a portion of the property contains an existing storage
facility and a portion of the property is vacant land. The project site is surrounded
by predominantly vacant land and some scattered commercial businesses and
residences to the south, east, west, and north of the property.
The proposed project is consistent with the Economic Development Corridor -
Southern Gateway (EDC-SG), and the surrounding uses mentioned above,
because the EDC allows a mixture of uses from light industrial, and commercial
retail to residential. The proposed project is for a subdivision of land and no
development is proposed. Therefore, given the relatively flat topography of the
subject site the project site physically suitable for the proposed subdivision.
PM 37674 I Planning Case PA2019-026
E. Approval of the application will not create conditions materially detrimental to the
public health, safety and general welfare or injurious to or incompatible with other
properties or land uses in the project vicinity.
The project proposes to subdivide one parcel into two (2) Lots. The overall
subdivision has been designed for the protection of the public health, safety and
general welfare. The review of the subdivision design by departments and
agencies ensures the project's compliance with applicable requirements and
regulations adopted and applied to ensure that the project would not have an
adverse effect on the public's health, safety, and general welfare. The project is
compatible with the surrounding General Plan land use designations, and zoning
classifications. The project will not create conditions materially detrimental to the
public health, safety and general welfare or injurious to or incompatible with other
properties or Iand uses in the project vicinity.
F. Compliance with CEQA. Processrng and approval of the permit application
comply with the requiremenfs of the California Environmental Quality Act.
The project has been determined to be Categorically Exempt (Class 15 - Section
15315, "Minor Land Divisions") under the California Environmenta! Quality Act
(CEOA) and CEQA Guidelines. The proposed project is for the subdivision of
18.95 acres into two (2) parcels. The proposed project is located within an
urbanized area zoned for commercial and industrial uses. The proposed
subdivision conforms to the City's General Plan and Zoning Code. No variances
or exceptions are required for implementation of this subdivision. All services
and access to the proposed parcels to local standards are available. Lastly, the
parcel was not involved in a division of a larger parce! within the previous two (2)
years, and the parcel does not have an average slope greater than 20 percent.
ln addition, the project site is not included on a Iist of hazardous materials sites
compiled pursuant to Government Code Section 65962.5 (California Department
of Toxic Substances Control list of various hazardous sites).
Section 2.
NOW THEREFORE, the Planning Commission of the City of Menifee resolves and
orders as follows:
1. The Findings set out above are true and correct
Tentative Parcel Map No. 2019-026 (Tentative Parcel Map No 37674) is
approved subject to the Conditions of Approval as set forth in Exhibit "l"
to this Resolution and as approved by the Planning Commission on
November 13, 2019.
2.
PM 37674 I Planning Case PA2019-026
PASSED, APPROVED AND ADOPTED this the 13th day of November, 2019
Attest:
ie Roseen, Deputy City Clerk
Approved as to form:
it City Attorneynt
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
CITY OF MENIFEE
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l, Stephanie Roseen, Deputy City Clerk of the City of Menifee, do hereby certify that the
foregoing Planning Commission Resolution No. PC19-473 was duly adopted by the Planning
Commission of the City of Menifee at a meeting thereof held on the 13 day of November 2019
by the following vote:
Ayes: Diederich, Phillips, Thomas, Madrid, KanruinNoes: None
Absent: NoneAbstain: None
anie Roseen, CMC
Deputy City Clerk
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EXHIBIT "1"
CONDITIONS OF APPROVAL
Planning Application No.: Tentative Parcel Map No. 2019-026 (Tentative Parcel Map No
3767 4)
Project Description:Tentative Parcel Map No. 2019-026 (Tentative Parcel Map No.
37674) proposes a Schedule "E" subdivision of 18.95 gross acres
into two (2) commercial parcels. No buildings or structures are
proposed for the vacant portion. The proposed parce! sizes are as
follows: Parcel 1 - 8.70 Acres and Parcel2 - 10.25 Acres.
The project site is located north of Wickerd Road, west of 1215,
east of Haun Road, and south of Garbani Road within the City of
Menifee, County of Riverside, State of California (APN 360-350-
02e).
Assessor's Parcel No.:
MSHCP Category:
DIF Gategory:
TUMF Category:
Quimby Category:
Approval Date:
Expiration Date:
1
360-350 -029
Com mercial/l nd ustria I
Com mercia l/l nd ustria I
Com mercial/l nd ustria!
N/A
November 13, 2019
November 13, 2022
Within 48 Hours of the Approval of This Project
Filins Notice of Exemption. The applicanUdeveloper shall deliver to the Planning
Division a cashier's check or money order made payable to the County Clerk in the
amount of Fifty Dollars ($50.00) for the County administrative fee, to enable the City
to file the Notice of Exemption as provided under Public Resources Code Section
21152 and California Code of Regulations Section 15062. Per Fish and Wildlife Code
Section 711.4(c)(3), a project shall not be operative, vested or fina! and local
government permits for the project shall not be valid unti! the filling fees required are
paid.
lndemnification. ApplicanVdeveloper shall indemnify, defend, and hold harmless the
City of Menifee and its elected city council, appointed boards, commissions,
committees, officials, employees, volunteers, contractors, consultants, and agents
from and against any and all claims, liabilities, losses, fines, penalties, and expenses,
2
including without limitation litigation expenses and attorney's fees, arising out of either
the City's approval of the Project or actions related to the Property or the acts,
omissions, or operations of the applicanUdeveloper and its directors, officers,
members, partners, employees, agents, contractors, and subcontractors of each
person or entity comprising the applicanUdeveloper with respect to the ownership,
planning, design, construction, and maintenance of the Project and the Property for
which the Project is being approved. ln addition to the above, within 15 days of this
approval, the developer/applicant shall enter into an indemnification agreement with
the City. The indemnification agreement shall be substantially the same as the form
agreement currently on file with the City.
Section I: Gonditions Applicable to Al! Departments
Section ll: Engineering/Grading/Transportation Gonditions
of Approval
Section lll: City Fire Department Gonditions of Approval
Section I:
Gonditions Applicable to AII
Departments
General Conditions
Definitions. The words identified in the following list that appear in all capitals in the
attached conditions of Tentative Parcel Map No. 2019-026 shall be henceforth defined
as follows:
TENTATIVE MAP = EXHIBIT A - Tentative Parce! Map No. 2019-026 (PM 37674),
dated April 11, 2019
2. 90 Days. The developer/owner has 90 days from the date of approval of these
conditions to protest, in accordance with the procedures set forth in Government Code
Section 66020, the imposition of any and all fees, dedications, reservations and/or other
exactions imposed on this project as a result of the approval or conditional approval of
this project.
3. Newly lncorporated City. The City of Menifee is a new City incorporated on October
1, 2008; the City is studying and adopting its own ordinances, regulations, procedures,
processing and development impact fee structure. ln the future, the City of Menifee will
identify and put in place various processing fees to cover the reasonable cost of the
services provided. The City also will identify and fund mitigation measure under CEQA
through development impact fees. Such fees may include but are not limited to
processing fees for the costs of providing planning services when development
entitlement applications are submitted, which fees are designed to cover the full cost of
such services, and development impact fees to mitigate the impact of the development
proposed on public improvements. To the extent that Menifee may develop future
financing districts to cover the costs of maintenance of improvements constructed by
development, Developer agrees to petition for formation of, annexation to or inclusion
in any such financing district and to pay the cost of such formation, annexation or
inclusion. The developer acknowledges it is on notice of the current development fees
and understands that such fees will apply at the levels in effect at the time the fee
condition must be met as specified herein.
The permitee acknowledges it is on notice of the current development fees and
understands that such fees wil! apply at the levels in effect at the time the fee condition
must be met as specified herein.
4. Comply with Ordinance 460. This land division shall comply with the State of
California Subdivision Map Act and to al! requirements of Ordinance No. 460, Schedule
E, unless modified by the conditions listed herein.
5. Expiration Date. The conditionally approved TENTATIVE MAP shall expire three (3)
years after the City of Menifee Planning Commission's original approval date, unless
extended as provided pursuant to the, Subdivision Map Act, Ordinance No. 460 or
subsequent ordinance adopted by the City. Action on a minor change and/or revised
map request shall not extend the time limits of the originally approved TENTATIVE
1
MAP. lf the TENTATIVE MAP expires before the recordation of the final phase, no
further FINAL MAP recordation shall be permitted.
6. No Grading or Building Permits. Tentative Parcel Map No.2019-026 (PM 37674) is
for a Schedule E subdivision. No grading or building permits shall be issued pursuant
to this subdivision.
7. Subsequent Submittals. Any subsequent submittals required by these conditions of
approval, including but not limited to final map, grading plan, building plan or mitigation
monitoring review, shal! be reviewed on an hourly basis (research fee), or other such
review fee as may be in effect at the time of submittal, as required by Resolution No.
18-741 (Cost of Services Fee Study), or any successor thereto. Each submittal shall be
accompanied with a letter clearly indicating which condition or conditions the submittal
is intended to comply with.
Section ll:
Engineeri nglT ransportatio nl G rad i n s
Gonditions of Approval
The following are the Public Works Engineering Department Conditions of Approval for this
project, which shall be satisfied at no cost to the City or any other Government Agency. All
questions regarding the intent of the following conditions shall be referred to the Public Works
Engineering Department, Land Development Section. The developer/property owner shall use
the standards and design criteria stated in the following conditions, and shall comply with all
applicable City of Menifee standards and ordinances. Should a conflict arise between City of
Menifee standards and design criteria, and any other standards and design criteria, those of the
City of Menifee shall prevail.
A. ENGINEERING CONDITIONS
8. Subdivision Map Act. The developer/property owner shall comply with the State of
California Subdivision Map Act (SMA) and City-adopted Riverside County, Ordinance
460.
Section lll:
Citv Fire Department Conditions of
Approval
General Conditions
9. Fire Protection Planning Office Responsibility. It is the responsibility of the recipient
of these Fire Department conditions to fonruard them to all interested parties. The
building case number is required on all correspondence.
Questions should be directed to the City Fire Department, Fire Marshal, Sonya Rivera-
Bu, at 29844 Haun Road, Menifee, CA 92584. Phone: (951)723-3767.
10. Blue Dot Reflectors. Blue retro-reflective pavement markers shall be mounted on
private streets, public streets and driveways to indicate location of fire hydrants.
11. Hydrant Location. Fire hydrants shall be located within 600' of all exterior portions of
the structures with residential sprinkler systems, along required fire apparatus access
roads, and adjacent to public streets in the quantities and up to the maximum distance
as required by California Fire Code, City Fire Department and City of Menifee.
12. Hydrant Fire Flow. Fire hydrant(s) shall be capable of delivering fire flow as required
by the California Fire Code and City Fire Department and City of ltlenifee standards.
13. Water Mains. The water mains shall be capable of providing required fire flow.
14. Water Verification. The required water system, including all fire hydrant(s), shall be
installed and accepted by the appropriate water agency and the City Fire Department
prior to any combustible building material placed on an individual lot. Approved water
plans must be at the job site.
15. Address. The address shall be posted per City Fire Department standards and will be
clearly visible from public roadway.
16. Fire Department Access. Fire Department apparatus access shall be provided to
within 300 feet of all portions of all buildings. Driveway loops, fire apparatus access
lanes and entrance curb radius should be designed to adequately allow access of
emergency fire vehicles.
17. Fire Protection Systems. Residential Fire sprinkler systems: All residential buildings
shall have NFPA 13D fire sprinkler systems installed.
End of Conditions
The undersigned warrants that he/she is an authorized representative of the project
referenced above, that I am specifically authorized to consent to all of the foregoing
conditions, and that I so consent as of the date set out below.
Signed Date
Name (please print)
AGREEMENT TO IND EMNIFY AND HOLD HARMLESS
This Agreement to lndemnify and Hold Harmless ("Agreement") is entered into,
effective as of November 18, 2019, by and between the CITY OF IVENIFEE, a municipal
corporation, on the one hand,("City"), and Stephen N/anfredi property owner of All Star
Super Storage, LLC, a California Limited Liability Corporation, ("lndemnitor"), on the
other. The City and Indemnitor are herein referred to collectively as the "Parties" and
individually as a "Party."
RECITALS
Whereas, Stephan Manfredi has applied to the City for various discretionary
approvals including Tentative Parcel Map 37674, which proposes to subdivide 18.95-
acres into two (2) parcels (the "Project") located north of Wickerd Road, west of l-215,
east of Haun Road, and south of Garbani Road within the City of Menifee, County of
Riverside, State of California (APN 360-350-029). (the "Property"); and
Whereas, in connection with the consideration of the above-mentioned
discretionary approvals, lndemnitor has offered to, and hereby agrees that it will,
indemnify and hold the City harmless from any challenges arising from or related to the
discretionary approvals, the Property or the Project as more fully set forth in this
Agreement.
AGREEMENT
NOW, THEREFORE, for full and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, and based upon the foregoing recitals, and the terms,
conditions, covenants, and agreements contained herein, the Parties hereto agree as
follows:
1. lncorporation of Recitals. The Recitals set forth above are an integral part of
this Agreement, and are fully incorporated herein.
2. lndemnitors' lndemnification Obligations. lndemnitor shall indemnify, defend,
and hold harmless the City of Menifee and its elected city council, appointed
boards, commissions, committees, officials, employees, volunteers, contractors,
consultants (which may include the County of Riverside and its employees,
officers, officials, and agents), and agents (herein, collectively, the "lndemnitees")
from and against any and all claims, liabilities, losses, fines, penalties, and
expenses, including without limitation litigation expenses and attorney's fees,
arising out of either (i) the City's approval of the Project or actions related to the
Property, including without limitation any judicial or administrative proceeding
initiated or maintained by any person or entity challenging the validity or
enforceability of any City permit or approval relating to the Project, any condition
of approval imposed by the City on such permit or approval, and any finding or
determination made and any other action taken by any of the lndemnitees in
conjunction with such permit or approval, including without limitation any action
taken pursuant to the California Environmental Quality Act ("CEQA"), or (ii) the
acts, omissions, or operations of the Indemnitor and the directors, officers,
members, partners, employees, agents, contractors, and subcontractors of each
person or entity comprising the lndemnitor with respect to the ownership, planning,
design, construction, and maintenance of the Project and the Property for which
the Project is being approved. The City shall notify the !ndemnitor of any claim,
lawsuit, or other judiciat or administrative proceeding (herein, an "Action") within
the scope of this indemnity obligation and request that the lndemnitor defend such
Action with legal counsel reasonably satisfactory to the City. lf the lndemnitor fails
to so defend the Action, the City shall have the right but not the obligation to do so
with counsel of their own choosing, with no right of approval by lndemnitor and, if
they do, the lndemnitor shall promptly pay the City's full cost thereof, with
payments made at least on a monthly basis. Notwithstanding the foregoing, the
indemnity obtigation under clause (i) of the first sentence of this condition shall not
apply to the extent the claim arises out of the willful misconduct or the sole active
negligence of the City. This Agreement shall survive any final action on the Project,
and shall survive and be independent of any Project approvals, even if such Project
approvals are invalidated in whole or part.
3. Entire Agreement; Amendments and Waivers. This Agreement contains the
entire agreement between the City and lndemnitor with respect to the subject
matter set forth herein and supersedes any prior discussions, negotiations, and
agreements with respect thereto. This Agreement may be amended or modified
only by a written agreement executed by both Parties. No waiver of any of the
terms of thisAgreement shall be effective or binding unless in writing and executed
by an authorized representative of the Party waiving its rights hereunder.
4. Successors and Assigns. This Agreement shall be binding upon the heirs,
executors, administrators, successors, transferees, and assigns of the Parties.
lN WITNESS WHEREOF, the parties hereto have entered into this Agreement to
be effective as of the date first written above.
..CITY"
Dated: November 1 8,2019 CITY OF MENIFEE, a California Municipal
Corporation
By:
Its:
APPROVED AS TO FORM
RUTAN & TUCKER, LLP
Attorneys for the City of Menifee
Dated: November 1 8, 2019
..INDEMNITOR"
Stephen ltlanfredi for All Star Super
Storage, LLC
By:
Print
Name:
Its Property Owner